With the enaction of California Labor Code Sections 4663 and 4664 within SB 899 in 2004, the law regarding apportionment was radically changed. The transition has not always been a smooth one and the Workers’ Compensation Appeals Board has been issuing decisions ever since in an attempt to define what apportionment is and to clarify […]
Author Archives: rjylaw
Surveillance footage leads to charges against Madera woman for workers’ compensation fraud: News: 2021 Press Release For Release: March 12, 2021 Surveillance footage leads to charges against Madera woman for workers’ compensation fraud. FRESNO, Calif. — Veronica Catalina Cortes-Ambrosio, 53, of Madera, was charged on two felony counts of insurance fraud after allegedly lying about […]
by Ricky Halladay Have you ever received notice of a workers’ compensation claim by an injured worker after they were terminated from employment? This is not a unique situation, and in fact, occurs more often than one would think. Labor Code section 3600(a)(10) states, when the claim for compensation is filed after notice of termination […]
You may have heard that a workers’ compensation claim is the exclusive remedy that injured employees have against their employer in California. While that is mostly true, there is a narrow, but important exception: A serious and willful misconduct claim. In a serious and willful misconduct claim,an employer may face additional legal liability after a […]
As explained by the California Department of Industrial Relations (DIR), QMEs are licensed doctors who have been trained and certified by the state’s DWC. When there are questions regarding the nature and severity of an employee’s injury, a Qualified Medical Evaluator (QME) may be brought in to bring additional clarity and help resolve the issue. […]
With today’s online Panel Qualified Medical Evaluator request system, it is often a race to be the party to designate the panel specialty. All too often the fate of a case hinges on the click of a submittal button. Despite defendants’ best efforts, there are times where applicant’s counsel is able to secure the specialty […]
Workers’ compensation insurance provides financial protection to employees who were injured while on the job. Following an incident in the workplace, employees have a right to file a claim—even if employers are confident that the claim is meritless. Under California law (Labor Code section 132(a)), employers are legally prohibited from taking adverse action against a […]
In some cases, an injury can make a person vulnerable to other medical complications. Under California’s workers’ compensation laws, this type of new health problem may be considered a compensable consequence. In California, a compensable consequence is an injury or health condition that arises directly out of an industrial injury. This raises an important question: […]
The COVID-19 (coronavirus) pandemic is affecting communities across the country. In order to slow the transmission of the respiratory disease, the California Department of Public Health recommends social distancing. Public officials instructed everyone in the state to stay home except for essential needs. In an effort to facilitate social distancing, the Division of Workers’ Compensation […]